Chapter III
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
14. Jurisdiction, powers and authority of the Central Administrative Tribunal.
14. Jurisdiction, powers and authority of the Central Administrative Tribunal.—(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court [* * *][i]) in relation to—
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
(b) all service matters concerning—
(i) a member of any All-India Service; or
(ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence services or a post connected with defence,
and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [ii][or society] owned or controlled by the Government;
(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [iii][or society] or other body, at the disposal of the Central Government for such appointment.
[iv][Explanation.—For the removal of doubts, it is hereby declared that references to “Union” in this sub-section shall be construed as including references also to a Union Territory.]
(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [v][or societies] owned or controlled by Government, not being a local or other authority or corporation [vi][or society] controlled or owned by a State Government:
Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies][vii].
(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [viii][or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [* * *][ix]) in relation to—
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [x][or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society][xi] and pertaining to the service of such person in connection with such affairs.
|
Other Contents of Administrative Tribunals Act, 1985 |
|
Chapter I- PRELIMINARY |
15. Jurisdiction, powers and authority of State Administrative Tribunals.
15. Jurisdiction, powers and authority of State Administrative Tribunals.—(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court [* * *][xii]) in relation to—
(a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;
(b) all service matters concerning a person [not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of Section 14] appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation [xiii][or society] owned or controlled by the State Government;
(c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation [xiv][or society] or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities and corporations [xv][or societies] controlled or owned by the State Government:
Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [xvi][or societies].
(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [xvii][or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [* * *][xviii]) in relation to—
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [xix][or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of Section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation [xx][or society] and pertaining to the service of such person in connection with such affairs.
(4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable.
16. Jurisdiction, powers and authority of a Joint Administrative Tribunal.
16. Jurisdiction, powers and authority of a Joint Administrative Tribunal.—A Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority, exercisable by the Administrative Tribunals for such States.
17. Power to punish for contempt.
17. Power to punish for contempt.—A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the modifications that—
(a) the references therein to a High Court shall be construed as including a reference to such Tribunal;
(b) the references to the Advocate-General in Section 15 of the said Act shall be construed,—
(i) in relation to the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; and
(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established.
18. Distribution of business amongst the Benches.
18. Distribution of business amongst the Benches.—(1) Where [xxi][any Benches of a Tribunal are constituted] the appropriate Government may, from time to time, by notification, make provisions as to the distribution of the business of the Tribunal amongst the [* * *][xxii] Benches and specify the matters which may be dealt with by each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman thereon shall be final.
Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes applications under Section 19.
References
[i] Omitted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[ii] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[iii] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[iv] Inserted by Act 19 of 1986, S. 11, and shall be deemed to have been inserted w.e.f. 1-11-1985.
[v] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[vi] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[vii] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[viii] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[ix] Omitted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[x] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[xi] Inserted by Act 19 of 1986, S. 11 (w.e.f. 22-1-1986).
[xii] Omitted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xiii] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xiv] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xv] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xvi] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xvii] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xviii] Omitted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xix] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xx] Inserted by Act 19 of 1986, S. 12 (w.e.f. 22-1-1986).
[xxi] Substituted by Act 19 of 1986, S. 13 (w.e.f. 22-1-1986).
[xxii] Omitted by Act 19 of 1986, S. 13 (w.e.f. 22-1-1986).
[disclaimer]
